Divorce or separation can be one of the most stressful events in a person’s life. One of the biggest concerns many people face during this time is where they will live, especially if they’re unsure whether they have a right to stay in the family home. If you are married or in a civil partnership, you may be entitled to certain protections, such as Matrimonial Home Rights, which can ensure you are not forced out of your home without due process.
In both the United Kingdom and the United States, Matrimonial Home Rights protect your right to remain in the family home even if you are not the legal tenant or owner. This article will explore what Matrimonial Home Rights are, how they work, and how they apply in both the UK and the US, so you can be informed and better prepared during a divorce or separation.
Table of Contents
What Are Matrimonial Home Rights, and How Do They Protect You?
Matrimonial Home Rights (also referred to as marital home rights or spousal occupancy rights) give you the legal ability to remain in the family home after a divorce or separation. These rights are particularly useful when one spouse or partner is the primary owner or tenant of the property, and the other is concerned about being forced to leave.
Key Rights Under Matrimonial Home Rights:
Right to live in the family home: You have the right to remain in the home, even if you are not the tenant or the owner.
Right to return home: If you’ve left temporarily, you can return to the home and continue living there.
Right to pay rent or mortgage: Even if your name is not on the lease or mortgage, you can contribute to rent or mortgage payments to prevent eviction or repossession.
Right to protection from eviction: You cannot be evicted by your partner without due process, even if you are not on the lease or deed.
Do You Automatically Have Home Rights?
In both the UK and the US, simply living together for an extended period does not automatically grant you Matrimonial Home Rights. In the UK, these rights are typically afforded to individuals who are legally married or in a civil partnership. You must have undergone a formal legal ceremony to obtain these rights. Similarly, in the US, rights can be established through legal means, such as spousal occupancy orders.
How Do Matrimonial Home Rights Work in the UK?
In the UK, Matrimonial Home Rights are designed to protect individuals in situations where they have lived together in a property with their spouse or civil partner, even if they are not the legal tenant or owner. You can register these rights at the Land Registry, which will make it more difficult for your ex-partner to sell the home without your consent.
Where Do You Have Home Rights in the UK?
In a home you’ve lived in with your spouse or civil partner.
In a property that you and your partner intended to live in, even if you didn’t move in.
How Long Do Home Rights Last in the UK?
These rights last until:
The tenancy ends.
Your partner sells the property.
You divorce or end your civil partnership.
A court decides that one partner should no longer live in the property.
How Do Matrimonial Home Rights Work in the US?
In the US, Matrimonial Home Rights can vary depending on the state in which you live, but there are generally similar protections offered. Spouses or civil partners have the right to remain in the home, especially if they are financially dependent or have children living with them.
Where Do You Have Home Rights in the US?
In a home you’ve lived in with your spouse.
In a property you planned to live in together, even if you never moved in.
How Long Do Home Rights Last in the US?
These rights continue until:
The divorce or separation is finalized.
The property is sold.
A court orders one spouse to vacate the premises.
What Happens If Your Partner Wants to Sell the Home?
Both in the UK and the US, your Matrimonial Home Rights don’t prevent your partner from selling the property. However, you can register your rights at the Land Registry (UK) or file a Spousal Occupancy Order (US) to inform anyone who wishes to buy the property that you have a right to live there.
How to Stop Your Ex from Selling the Family Home:
UK: You can place a “Home Rights Notice” at the Land Registry, which informs potential buyers that you have rights to live in the home. This can make it more difficult for your partner to sell without your consent.
US: You can apply for a Spousal Occupancy Order, which can prevent your partner from selling the property until certain conditions are met, such as a court ruling.
How Do Home Rights Affect the Sale of the Property?
If your ex-partner decides to sell the property, Matrimonial Home Rights do not stop the sale, but they may affect the process. If you have home rights, you may have a legal claim to stay in the home until the sale is finalized, or until other arrangements are made.
Practical Steps You Can Take to Protect Your Rights
If you are going through a divorce or separation and want to protect your right to stay in the family home, here are a few steps you can take:
Register your Matrimonial Home Rights (UK): This ensures that anyone who may want to purchase the home is aware that you have a right to remain.
Apply for a Spousal Occupancy Order (US): This can prevent your partner from evicting you without due process.
Seek Legal Advice: Family law solicitors or divorce attorneys can help you navigate your rights and protect your home.
Stay Informed: Keep updated on any changes in laws regarding home rights and divorce settlements in your jurisdiction.
Conclusion: Protect Your Rights
Navigating the emotional and financial complexities of divorce or separation can be overwhelming, especially when it comes to securing your housing rights. Matrimonial Home Rights provide important protections to ensure that you are not unfairly displaced from the family home during this challenging time.
Whether you’re in the UK or the US, understanding these rights and taking the necessary steps to protect them is crucial. By registering your rights, seeking legal advice, and staying informed, you can ensure that your home remains a place of stability as you go through this difficult process.
If you’re unsure about your rights or need assistance, it’s recommended to consult a family law solicitor or attorney to guide you through the process.
Do I have home rights if I’ve never been on the lease?
Yes, in both the UK and the US, you can have Matrimonial Home Rights even if your name isn’t on the lease or mortgage, as long as you are married or in a civil partnership.
Can my ex-partner force me to leave the house if I have home rights?
No, your partner cannot force you to leave the home without going through the proper legal process. You have the right to remain in the home until certain conditions are met.
How do home rights affect child custody?
Home rights do not directly impact child custody; however, the family home may be considered in custody arrangements, especially if children are involved. Courts typically prioritize the child’s best interest.
Can I get financial help with the rent or mortgage?
Yes, if you have home rights and are on a low income, you may be eligible for housing benefits or universal credit, even if you’re not the primary tenant or owner.
